A Stocked Slate of Litigator of the Week Runners-Up and Shout Outs
An extremely strong slate of runners-up includes teams Gibson Dunn, Skadden and Covington & Burling
October 02, 2020 at 07:25 AM
6 minute read
It was a whale of a week for Litigator of the Week nominations. No offense to our prior winners, but the top four results I had sitting in front of me this week would have had a pretty darn good chance of taking home the honors in what I'll call a more normal week.
Our first runner-up can boast of having scored the largest defense judgment in patent litigation history. (Gulp. Did I really just name these guys a runners up?) Mark Perry and Wayne Barsky of Gibson, Dunn & Crutcher scored a win at the Federal Circuit for clients Serono and Pfizer that brings an end to 10 years of litigation with rival Biogen. The Federal Circuit decision reinstates a jury finding that Biogen's patent for a certain use of interferon-beta, a human protein that triggers the body to fight viral diseases, was anticipated in the prior art. The ruling wards off Biogen's damages claim of more than $5.4 billion. That's billion with a "B."
Also getting a runner-up nod is the London-based team at Skadden, Arps, Slate, Meagher & Flom including David Kavanagh, David Herlihy, counsel Nicholas Lawn and associate Devika Khopkar who got their own multi-billion defense win. On September 24, the Permanent Court of Arbitration at the Hague ruled that India's attempt to impose onto Skadden client Vodafone International Holdings BV a retrospective withholding tax demand of $5.5 billion violated the country's obligations under a bilateral investment treaty.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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